Case Name:	D'Angona v. County of LA		07/10/1980
Summary:	LINDA D'ANGONA, Plaintiff and Appellant, v. COUNTY OF LOS ANGELES, Defendant and Respondent (Opinion by Mosk, J. , with Bird, C. J. , Tobriner, Clark, Richardson and Newman, JJ. , concurring. Thereafter, plaintiff filed the present action against Los Angeles County, seeking damages for the aggravation of her disease. After an award of benefits was made in her favor for disability arising from these injuries, she filed the present action in the superior court for damages against the county, fn. However, she served the complaint only upon the county, which is the sole respondent on this appeal. The county in its answer admitted it is engaged in operating the Los Angeles County-University of Southern California Medical Center.
Note:	Hospital treating injured employee is not an employer; dual capacity exception to exclusive remedy applies.
Citation:	27 Cal.3d 661, 45 CCC 722
WCC Citation:	WCC 24191980 CA

Case Name:	Dalen v. WCAB		06/27/1972
Summary:	STEPHEN JOE DALEN, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, ALLSTATE EXCAVATORS AND DEMOLITION et al. , Respondents (Opinion by Sims, J. , with Molinari, P. J. , and Elkington, J. , concurring. )He testified as to the duties generally of Group 1 occupations as follows: 'Laborer -- heavy -- unskilled in any particular. . . . ' In an opinion attached to his findings and award, the referee stated, 'Applicant's testimony supports the finding of occupation. Permanent disability indemnity is awarded in accordance with the recommended permanent disability rating filed and served herein. 'In a report dated January 2, 1969, Dr. Hurley observed, 'At the present time, I feel that it would be well to have Mr. Dalen register in a school for rehabilitation.
Note:	4651.2 applies only to rehab programs initiated by employer or ins. carrier
Citation:	26 Cal.App.3d 497, 37 CCC 393
WCC Citation:	WCC 24821972 CA

Case Name:	Daniel Ordorica v. WCAB		03/14/2001
Summary:	DANIEL ORDORICA, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and LANCE CAMPERS MANUFACTURING CORPORATION, Respondents. OPINION ORTEGA, J. - During the initial 30-day period of medical control by the employer following an industrial injury, Daniel Ordorica refused care by the employer's doctor and instead began treatment with a physician he chose. Ordorica further contends the relief afforded by the WCAB is not provided by statute. The same day Lance Campers referred Ordorica to Daniel Mongiano, M. D. , who diagnosed a wound to the forehead which required sutures. However, Dr. Ha'Eri concluded the compression fracture was not work-related because Ordorica had instead hyperextended his spine in the industrial injury.
Note:	Obligation to accept employer treatment w/in 30 days of injury.
Citation:	87 CA 4th 1037, 66 CCC 333
WCC Citation:	WCC 28112001 CA

Case Name:	Daniel v. Tesoro Refining and Marketing Co.		03/28/2011
Summary:	MICHELE DANIEL, Plaintiff and Appellant, v. TESORO REFINING AND MARKETING COMPANY, Defendant and Respondent. NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS BOREN, P. J. Michele Daniel (Employee) appeals from the summary judgment entered following the grant of a motion for summary judgment or summary adjudication by Tesoro Refining and Marketing Company (Employer). Thus, I would affirm the trial court's order awarding summary judgment to defendant and respondent Tesoro Refining and Marketing Company (Tesoro). On or about March 27, 2009, Tesoro filed a motion for summary judgment or, in the alternative, summary adjudication of issues. She claims that she was qualified for numerous other positions at Tesoro, but Tesoro refused to even allow her to interview for them.
Note:	A worker's Fair Employment and Housing Act suit should go to trial because triable issues of fact existed about whether the employer ever actually sought to accommodate the plaintiff's work-related disability.
Citation:	B218935
WCC Citation:	WCC 37382011 CA

Case Name:	David Lopez v. Workers' Compensation Appeals Board (Yellow Roadway)		11/20/2008
Summary:	Lopez v. Workers' Compensation Appeals Board, No. F056266 (Cal. App. Dist. 5 11/20/2008) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT No. F056266 November 20, 2008 DAVID LOPEZ, PETITIONER, v. WORKERS' COMPENSATION APPEALS BOARD, YELLOW ROADWAY CORPORATION ET AL. , RESPONDENTS. ORIGINAL PROCEEDINGS; petition for writ of review from a decision of the Workers' Compensation Appeals Board. No appearance by Respondent Workers' Compensation Appeals Board. This opinion has not been certified for publication or ordered published for purposes of rule 8. 1115. OPINION THE COURT*fn1 David Lopez petitions this court for a writ of review from a decision of the Workers' Compensation Appeals Board (WCAB). BACKGROUND Lopez worked as a truck driver for Yellow Roadway between May 1989 and August 2004, during which time he filed three different workers' compensation claims.
Note:	A truck driver who filed three workers' compensation claims alleging specific and cumulative injuries to various body parts failed to disprove a workers' compensation judge's decision that he had hurt himself not at work, but after a night of beer drinking.
Citation:	F056266
WCC Citation:	WCC 34632008 CA

Case Name:	David Maxwell v. Home Depot USA		12/22/2010
Summary:	David Maxwell (Maxwell) tested positive for methamphetamine and was terminated from his job at Home Depot USA, Inc. (Home Depot). In 2000, Home Depot hired Maxwell to work with the night crew in its store in Monrovia. Home Depot terminated Maxwell because of his physical disability and his requests for medical leave and accommodation. Regardless, Home Depot argued that Maxwell could not prevail because he could not prove that Lipich unlawfully harassed him. Maxwell alleged that Home Depot and Lipich "engaged in outrageous conduct and an abuse of authority by subjecting [Maxwell] to illegal discrimination, harassment and retaliation. "
Note:	Home Depot defeated a former employee's suit alleging disability discrimination and other causes of action by showing that it terminated him for violating its longstanding drug policy, according to a decision from the 2nd District Court of Appeal.
Citation:	B222844
WCC Citation:	WCC 36952010 CA

Case Name:	Davis v. Board of Chiropractic Examiners		04/12/2010
Summary:	IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) PAUL JEFFREY DAVIS, Plaintiff and Appellant, v. BOARD OF CHIROPRACTIC EXAMINERS, Defendant and Respondent. Ct. No. 07CS00697) The Board of Chiropractic Examiners (Board) spent over $72,000 in its disciplinary proceedings against Dr. Paul Davis, a 20-year veteran chiropractor in both neurology and orthopedics, for his treatment and billing of a single patient who suffered two industrial accidents at two places of employment with different insurers. Dr. Davis and his wife both testified that he had very little to do with the billing practices in his chiropractic offices. Unlike Dr. Davis and his expert, Michael Martello, D. C. , Dr. Stahl is not a chiropractic orthopedist or a qualified medical examiner (QME). Dr. Martello testified the Board had not codified any standard of care for the treatment of chiropractic patients in California.
Note:	Board Regulation section 318 is not a safe harbor provision exonerating plaintiff for his negligent acts, and the prohibition for 'excessive treatment' is not unconstitutionally vague.
Citation:	C059588
WCC Citation:	WCC 36142010 CA

Case Name:	Davis v. Fireman's Fund Insur. Co.		10/15/1970
Summary:	COUNSEL: For applicant - James H. Davis, in propria persona. Defendant insurance carrier contends that the permanent disability rating is based upon an arbitrary, artificial rule rather than upon the evidence. In the absence of this established procedure, he probably would have rated the disability in this case as 1 per cent flat. 'A rating specialist 'must consider no more and no less than the information provided to him by the fact finder. 'AWARD SUPPLEMENTAL AWARD IS MADE in favor of James H. Davis against Fireman's Fund Insurance Company of: (a) All repair and replacement of heel lifts reasonably required to cure or relieve from the effects of the injury herein.
Note:	Award of 1% permanent partial disability was not 'nominal' per Sec. 5802.
Citation:	35 CCC 465
WCC Citation:	WCC 26351970 CA

Case Name:	Davis v. First Health Group Corp.		11/25/2009
Summary:	H032183 (Monterey County Super. Ct. No. M84885) Defendant First Health Group Corporation is a preferred provider organization (PPO) and provides health benefits services to employers throughout the country. Davis brought suit against First Health nearly six months later, claiming, among other things, that First Health was required to give him a fair hearing and fair procedure before it delisted him. In the application, Davis sought a TRO "restraining [First Health] from failing to allow [Davis] to continue as a preferred provider on its Provider Group Network unless and until such time as it has conducted a fair hearing or other fair adjudicatory proceeding . Adamson also stated that First Health had received Davis's summaries "and various QME providers' reports," which had been reviewed by an unnamed Medical Director of First Health, who recommended delisting Davis. According to supplemental materials supplied by Davis in support of his application,*fn3 First Health is a wholly-owned subsidiary of Coventry Health Care.
Note:	[Unpublished] The court did not abuse its discretion by denying a requested mandatory preliminary injunction because this did not represent an extreme case in which claimant's right to the relief was clearly established.
Citation:	H032183
WCC Citation:	WCC 35822009 CA

Case Name:	Davis v. WCAB (City of Modesto)		03/10/2017
Summary:	This opinion has not been certified for publication or ordered published for purposes of rule 8. 1115(a).   IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT .             THEODORE DAVIS, Petitioner, .             v. .             WORKERS’ COMPENSATION APPEALS BOARD and CITY OF MODESTO, Respondents. .             F074957 .             (WCAB Nos. ADJ9468922 & ADJ9467074) .             OPINION .             THE COURT* .             * Before Levy, A. P. J. , Franson, J. , and Peña, J. .           Stockwell, Harris, Woolverton & Helphrey, Eric G. Helphrey and Joseph F. Schneider for Respondent City of Modesto. .           -ooOoo- .           Theodore Davis (Davis) petitions for a writ of review from an order of the Workers’ Compensation Appeals Board (WCAB).
Note:
Citation:	F074957
WCC Citation:	WCAB Nos. ADJ9468922 & ADJ9467074